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Are migrants allowed to claim public funds?

10 March 2010

Migrants are categorically not allowed to claim public funds unless otherwise stated in the endorsement/visa to be found in their passports granting them leave to enter or remain in the UK.

The definition of public funds is explained in Part 6A of the Immigration Rules which, for clarity, has been reported in full in the section below:

(a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988;(b) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992;, income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker's allowance under the Jobseekers Act 1995, state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002.(c) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992;, income support, council tax benefit, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; or income based jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995.

Unfortunately, child benefits or child tax credit are routinely incorrectly awarded to migrants with limited leave to remain such as work permit holders, hsmp and points based applicants, with the consequence that they breach their ‘no recourse to public funds’ condition undermining any application for further extension or indefinite leave to remain in the UK.

If you are claiming or have claimed public funds in the past, we would urge you to seek professional legal advice before making any application.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.